The appellant employer successfully appealed a decision of the provincial Workplace Health, Safety and Compensation Commission Appeals Tribunal, which had set aside a decision of the provincial Workplace Health, Safety and Compensation Commission dismissing the respondent employee’s claim for compensation benefits for “gradual onset stress.”

26. February 2013 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Investigations – Workers compensation – Government employees – Federal and provincial legislation – Psychological injury – employment related – Test – Stress claims Robichaud v. Canada (Attorney General), [2013] N.B.J. No. 8, 2013 NBCA 1, New Brunswick Court of Appeal, January 10, 2013, ...

The appeal by the Canadian Broadcasting Corporation (“CBC”) from a decision dismissing the CBC’s application for judicial review of a decision of the Workers’ Compensation Appeal Tribunal (“WCAT”) was dismissed where the Court found that the British Columbia Workers’ Compensation Board (“WCB”) was the appropriate body to determine whether a person engaged by the CBC was an “employee” within the meaning of the Governments Employees Compensation Act, R.S.C. 1985, c. G-5

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Government agencies – Government employees – Workers compensation – Federal and provincial legislation – Worker – definition – Judicial review – Compliance with legislation – Jurisdiction of tribunal – Standard of review – Correctness Canadian Broadcasting Corp. v. Luo, [2009] B.C.J. No. 1559, British Columbia Court of ...

Federal Court decided that it did not have the jurisdiction to review the correctness of a decision made by the Canada Border Services Agency (“CBSA”) to collect a Liquor Control Board of Ontario (“LCBO”) mark-up on bottles of wine purchased in the United States, on the basis that such review would require the Court to interpret the provisions of provincial law and the relevant contractual instruments, a task which fell outside the jurisdictional confines of s. 18 of the Federal Courts Act

23. December 2008 0
Administrative law – Decisions of administrative tribunals – Border Service Agency – Jurisdiction of court – Judicial review – Parties – Compliance with legislation – Constitutional issues – Federal and provincial legislation Anisman v. Canada (Border Services Agency), [2008] F.C.J. No. 1660, Federal Court, November 21, 2008, Barnes J. Mr. Anisman (the “Applicant”), brought a ...

The Citizen’s Representative sought a declaration that it had jurisdiction to conduct an investigation under the Citizens’ Representative Act, 2001 S.N.L. c. C-14.1 (the “Act”) with respect to potential injustice arising from the provisions of section 65.1(1) of the Workplace Health, Safety and Compensation Act, S.N.L., c. W-11 (the “WHSC Act”) which provided for the payment of benefits to spouses of workers killed on the job. The court found that what the Citizens’ Representative sought to investigate was the legislation itself and not a decision or recommendation relating to a matter of administration by a department or agency of government and held that the Citizens’ Representative did not have jurisdiction to conduct such an investigation.

28. September 2004 0
Administrative law – Workers compensation – Benefits – Federal and provincial legislation – Judicial review – Jurisdiction of Citizens’ Representative – Ombudsman – Jurisdiction Newfoundland (Citizens’ Representative) v. Newfoundland (Minister of Environment and Labour), [2004] N.J. No. 257, Newfoundland and Labrador Supreme Court – Trial Division, July 20, 2004, Russell J. The WHSC Act provided for ...

The Applicant worker employed in the coal mines of Cape Breton Development Corporation (“Devco”), a federal corporation, applied for workers compensation based on loss of lung function due to occupational disease. The Workers’ Compensation Board refused his claims for want of evidence of loss of lung function. In dismissing the appeals, the Workers’ Compensation Appeals Tribunal held the worker to the civil standard of proof, because he was a federal employee claiming under the Government Employees Compensation Act (“GECA”). The Nova Scotia Court of Appeal held that the matter should be remitted to the Workers’ Compensation Appeals Tribunal for review of all the relevant evidence in light of the provisions of the Nova Scotia Workers’ Compensation Act.

23. December 2003 0
Administrative law – Workers compensation – Benefits – Statutory provisions – Federal and provincial legislation – Government employees – Judicial review – Administrative decisions – Compliance with legislation – Evidence – Jurisdiction McLellan v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2003] N.S.J. No. 365, Nova Scotia Court of Appeal, October 14, 2003, Glube C.J.N.S., Freeman and ...